Criminal Procedure Code

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Q.1 What is the Indian Criminal Procedure Code (CrPC)?

The CrPC is a legal document that provides procedural laws and guidelines for the administration of criminal justice in India.

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Q.2 Who enacted the Indian Criminal Procedure Code?

The CrPC was enacted by the British colonial government in 1973 and has been amended several times since.

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Q.3 What is the primary purpose of the CrPC?

The CrPC aims to ensure fair and just criminal proceedings by defining the processes and procedures to be followed during the investigation, trial, and post-conviction stages of criminal cases.

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Q.4 How does the CrPC define the roles of law enforcement agencies and the judiciary in criminal cases?

The CrPC outlines the duties and responsibilities of the police, magistrates, and judges in investigating, prosecuting, and adjudicating criminal cases.

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Q.5 What is the significance of the CrPC in the Indian legal system?

The CrPC plays a crucial role in safeguarding the rights of accused individuals, ensuring due process, and maintaining the rule of law in the Indian criminal justice system.

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Q.6 What is the procedure for initiating a criminal case under the CrPC?

A criminal case is initiated with the filing of a First Information Report (FIR) by the police or a private complaint by a victim. The case proceeds through investigation, charge-sheeting, trial, and verdict stages.

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Q.7 Can a person file an FIR with the police for any offense?

Yes, an FIR can be filed for any cognizable offense, which includes serious crimes where the police can arrest without a warrant. However, for non-cognizable offenses, a complaint must be filed in court.

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Q.8 What is the purpose of a police investigation under the CrPC?

Police investigations aim to collect evidence, identify suspects, and build a case against the accused. Investigations should be conducted fairly and within the legal framework to ensure a fair trial.

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Q.9 What is a cognizable offense according to the CrPC?

A cognizable offense is one for which the police can arrest without a warrant and initiate an investigation based on an FIR. These offenses are usually more serious in nature.

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Q.10 What is a non-cognizable offense under the CrPC?

Non-cognizable offenses are less serious offenses for which the police cannot arrest without a warrant. Complaints for non-cognizable offenses are typically filed directly with the magistrate.

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Q.11 What is the difference between a bailable and a non-bailable offense under the CrPC?

In bailable offenses, the accused can secure bail as a matter of right. In non-bailable offenses, bail is granted at the discretion of the court, and the accused may need to provide reasons for their release.

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Q.12 How is bail granted or denied in non-bailable offenses under the CrPC?

Bail in non-bailable offenses is decided by the court based on factors such as the nature of the offense, evidence, the accused's criminal history, and the likelihood of the accused tampering with evidence or absconding.

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Q.13 What is anticipatory bail, and when can it be sought under the CrPC?

Anticipatory bail is a legal remedy that allows a person to seek bail before being arrested. It can be sought when the accused apprehends arrest in a non-bailable offense and has reasonable grounds to believe that they may be arrested.

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Q.14 What is the role of a magistrate in the CrPC?

Magistrates play a crucial role in the CrPC by issuing warrants, conducting preliminary inquiries, granting bail, and overseeing various stages of the criminal process, including trials.

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Q.15 What is a magistrate's power to issue search warrants under the CrPC?

A magistrate can issue search warrants if there is a reasonable belief that evidence related to a crime is present at a specific location. The search must be conducted in accordance with the procedures outlined in the CrPC.

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Q.16 How are confessions obtained from accused individuals regulated by the CrPC?

Confessions must be made voluntarily and without coercion. The CrPC contains safeguards to ensure that confessions are not obtained through torture, threats, or inducements.

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Q.17 What is a charge-sheet, and when is it filed during the investigation process under the CrPC?

A charge-sheet is a formal document prepared by the police that outlines the evidence against the accused. It is filed after completing the investigation and is presented to the court to initiate the trial.

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Q.18 What is the purpose of a preliminary inquiry under the CrPC?

A preliminary inquiry is conducted by the police before registering an FIR to determine whether there is enough evidence to proceed with a criminal case. It is typically done in cases of non-cognizable offenses.

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Q.19 What is the procedure for a criminal trial under the CrPC?

A criminal trial involves several stages, including framing of charges, examination of witnesses, presentation of evidence, cross-examination, arguments, and a verdict. The accused has the right to a fair trial and legal representation.

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Q.20 What is the role of the public prosecutor in a criminal trial under the CrPC?

The public prosecutor represents the state and presents the case against the accused in court. They are responsible for examining witnesses, producing evidence, and ensuring a fair trial.

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Q.21 What is the role of the defense lawyer in a criminal trial under the CrPC?

The defense lawyer represents the accused and is responsible for presenting a defense, cross-examining witnesses, and challenging the prosecution's case. They ensure that the accused's rights are protected throughout the trial.

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Q.22 What is the purpose of the examination-in-chief during a criminal trial under the CrPC?

Examination-in-chief involves questioning a witness by the party that called the witness to present evidence that supports their case. It is the initial stage of witness examination during a trial.

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Q.23 What is cross-examination, and how does it work in a criminal trial under the CrPC?

Cross-examination is the process by which the opposing party questions a witness to challenge their credibility, test their knowledge, or elicit information favorable to the defense. It follows the examination-in-chief.

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Q.24 What is the role of the judge in a criminal trial under the CrPC?

The judge presides over the trial, ensures that proceedings are conducted fairly, interprets the law, rules on objections, and ultimately delivers the verdict based on the evidence presented.

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Q.25 How is evidence presented and recorded in a criminal trial under the CrPC?

Evidence is presented through witnesses, documents, and exhibits. It is recorded during the trial, and the judge evaluates its admissibility and relevance to make informed decisions.

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Q.26 What is the purpose of the examination of witnesses during a criminal trial under the CrPC?

Witness examination allows parties to establish facts, present evidence, and challenge the opposing party's case. It helps the court determine the truth and make an informed decision.

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Q.27 How are judgments and verdicts delivered in a criminal trial under the CrPC?

The judge delivers a judgment by evaluating the evidence, legal arguments, and facts presented during the trial. The verdict may result in acquittal or conviction, and sentencing follows if the accused is found guilty.

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Q.28 What is the appeal process for a criminal case under the CrPC?

An appeal can be filed against a lower court's judgment in a higher court, seeking a review of the verdict. The appeal process allows for re-examination of evidence and legal arguments to ensure justice is served.

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Q.29 What is the role of the High Court and Supreme Court in the criminal appellate process under the CrPC?

The High Court and Supreme Court have appellate jurisdiction to review lower court judgments. They ensure that the law has been correctly applied, and justice has been served in criminal cases.

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Q.30 How does the CrPC address the rights of the accused during arrest and detention?

The CrPC safeguards the rights of the accused by requiring prompt notification of grounds of arrest, the right to legal counsel, and protection against self-incrimination. It also regulates the use of force during arrest.

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Q.31 What is the procedure for filing complaints and charges against police officers for misconduct under the CrPC?

Complaints against police officers for misconduct can be filed with the appropriate authority, and the CrPC provides a framework for initiating investigations and proceedings against erring officers.

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Q.32 What is the role of the magistrate in the remand of an accused person under the CrPC?

A magistrate can order the remand of an accused person in police custody or judicial custody based on the circumstances and the need for further investigation. The remand period is subject to legal limits.

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Q.33 How does the CrPC regulate the process of search and seizure of evidence?

The CrPC mandates that searches and seizures be conducted in accordance with specific procedures, including the issuance of warrants, record-keeping, and adherence to legal principles to prevent abuse of power.

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Q.34 What is the procedure for conducting an identification parade under the CrPC?

Identification parades are conducted to allow witnesses to identify suspects. The CrPC outlines the process, including selecting participants, conducting the parade, and recording statements to ensure fairness.

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Q.35 How does the CrPC address the rights of witnesses and protect them from harassment during trials?

The CrPC includes provisions to protect witnesses from harassment, intimidation, and coercion. Witnesses can request protection, and their statements may be recorded in advance to prevent tampering.

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Q.36 What is the purpose of the CrPC in regulating the use of force by the police during arrests and investigations?

The CrPC aims to prevent the excessive use of force by the police during arrests and investigations. It requires arrests to be made with minimal force necessary and in accordance with prescribed procedures.

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Q.37 How does the CrPC handle the disposal of property seized during criminal investigations and trials?

The CrPC specifies procedures for the disposal of property, including the return of seized property to its rightful owner or its use as evidence during trial. The disposal process is subject to court orders.

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Q.38 What is the procedure for the attachment and forfeiture of property under the CrPC in connection with criminal cases?

The CrPC allows for the attachment and forfeiture of property believed to be connected to criminal activities. The procedure involves court orders, notices to claimants, and legal hearings to determine ownership and culpability.

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Q.39 How does the CrPC address issues related to the detention and treatment of juvenile offenders in the justice system?

The CrPC includes provisions for the separate treatment of juvenile offenders, including their rights, procedures, and facilities for rehabilitation and reintegration into society.

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Q.40 What is the CrPC's approach to handling cases of offenses against women and children, including sexual offenses?

The CrPC contains provisions for the speedy trial of cases involving offenses against women and children. It also includes measures to protect the privacy and dignity of victims during court proceedings.

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Q.41 How does the CrPC address the issue of witness protection in sensitive cases, such as those involving organized crime?

The CrPC allows for witness protection measures, including the use of pseudonyms, closed-door hearings, and special procedures to safeguard the identities and safety of witnesses in sensitive cases.

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Q.42 What are the procedures for conducting trials in the absence of the accused, including cases of absconding or evasion of arrest?

The CrPC provides for the trial of accused persons in absentia when they are evading arrest or have absconded. The trial may proceed, and a verdict may be delivered even in the accused's absence.

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Q.43 How does the CrPC address the issue of contempt of court and the consequences of willful disobedience of court orders?

The CrPC grants courts the authority to take action against contemptuous behavior, which may include fines or imprisonment for individuals found guilty of contempt of court.

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Q.44 What is the role of the state's public prosecutor in criminal cases under the CrPC?

The state's public prosecutor represents the prosecution and the state in criminal cases. They are responsible for presenting the case against the accused, examining witnesses, and ensuring that justice is served.

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Q.45 How does the CrPC regulate the procedure for the examination and cross-examination of witnesses during trials?

The CrPC outlines the procedures for the examination and cross-examination of witnesses during trials, ensuring a fair and orderly process that allows both parties to present their cases effectively.

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Q.46 What is the procedure for the framing of charges against the accused in a criminal trial under the CrPC?

Charges are framed after considering the evidence, witness statements, and legal arguments presented. The accused is informed of the charges, and they have the opportunity to plead guilty or not guilty.

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Q.47 What is the CrPC's approach to the admissibility of confessions made to police officers during investigations?

Confessions made to police officers are generally not admissible in court, except under specific circumstances outlined in the CrPC, where safeguards are in place to ensure voluntariness and reliability.

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Q.48 How does the CrPC address the issue of bail for accused individuals during the trial process?

The CrPC provides for both anticipatory bail and regular bail, depending on the circumstances. It allows accused individuals to seek release from custody under certain conditions and safeguards.

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Q.49 What is the procedure for the appointment of a defense lawyer for an accused person who cannot afford legal representation?

In cases where the accused cannot afford a lawyer, the court may appoint a defense lawyer at the state's expense to ensure the right to legal representation.

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Q.50 How does the CrPC address the issue of witness tampering and intimidation during trials?

The CrPC includes provisions to protect witnesses from tampering and intimidation. Measures such as closed-door hearings and witness protection may be employed to safeguard witnesses' rights and testimony.

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Q.51 What are the responsibilities of the investigating officer in a criminal case under the CrPC?

The investigating officer is responsible for conducting a fair and impartial investigation, collecting evidence, recording statements, and preparing a charge-sheet. They play a critical role in the prosecution's case.

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Q.52 How does the CrPC address the issue of plea bargaining in criminal cases, and what is its purpose?

The CrPC allows for plea bargaining, a process where the accused pleads guilty in exchange for a lighter sentence. It aims to expedite trials, reduce caseloads, and promote quicker resolution of cases.

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Q.53 What is the procedure for the examination of a witness declared hostile during a criminal trial under the CrPC?

A witness declared hostile can be cross-examined by the party calling them as a witness to establish facts and challenge their credibility. The court may permit leading questions during this process.

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Q.54 How does the CrPC address issues related to the mental fitness and competency of accused individuals during trials?

The CrPC allows for medical examination and evaluation of accused individuals to determine their mental fitness and competency to stand trial. Special procedures may be followed in cases involving mental health issues.

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Q.55 What is the role of the victim in a criminal trial under the CrPC, and how are their rights protected?

The victim has the right to be heard and participate in the trial. Their interests are represented through the public prosecutor. The CrPC includes provisions for victim compensation and protection during court proceedings.

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Q.56 How does the CrPC address the issue of electronic evidence, such as digital documents and records, in criminal cases?

The CrPC allows for the admission of electronic evidence, subject to certain conditions and safeguards to ensure its authenticity and reliability. Procedures for electronic evidence are outlined in the CrPC.

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Q.57 What is the procedure for the examination of a court witness in a criminal trial under the CrPC?

A court witness is examined by the court itself. The court asks questions to elicit information and clarify facts. The examination ensures that the court has a complete and accurate understanding of the case.

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Q.58 How does the CrPC address issues related to the rights of accused individuals with disabilities during trials?

The CrPC includes provisions to protect the rights of accused individuals with disabilities, ensuring their access to legal proceedings and necessary accommodations to participate effectively.

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Q.59 What is the procedure for conducting a trial in a case involving multiple accused individuals under the CrPC?

In cases with multiple accused individuals, the court may conduct a joint trial or separate trials, depending on the circumstances. The CrPC provides for the consolidation or separation of trials as needed.

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Q.60 How does the CrPC address the issue of witnesses turning hostile or retracting their statements during trials?

When witnesses turn hostile or retract their statements, the court may rely on other evidence and testimony to establish facts. The CrPC provides for the examination of hostile witnesses to challenge their credibility.

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Q.61 What is the procedure for the presentation and admissibility of documentary evidence in a criminal trial under the CrPC?

Documentary evidence is presented by parties, marked as exhibits, and examined for authenticity. The court decides on its admissibility based on relevance and compliance with legal requirements.

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Q.62 How does the CrPC address issues related to the rights of accused individuals who are foreign nationals during trials?

The CrPC includes provisions to protect the rights of foreign nationals, ensuring they have access to legal representation, consular assistance, and fair treatment during trials in India.

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Q.63 What is the procedure for the recording of statements and confessions of accused individuals under the CrPC?

Statements and confessions are recorded in writing, signed by the accused, and witnessed. The CrPC outlines safeguards to ensure voluntariness and protect against coercion or inducements.

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Q.64 Which state does not cover under the Code of Criminal Procedure, 1973?

Nagaland

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Q.65 How does the CrPC address issues related to the rights of witnesses who fear reprisals or harm during trials?

Witnesses who fear reprisals or harm may request protection measures, such as identity protection, closed-door hearings, or remote testimony. The CrPC allows for these safeguards to be implemented.

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Q.66 What is also called as judicial proceeding?

Enquiry and Trial

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Q.67 What is the procedure for the recording and admissibility of dying declarations in criminal cases under the CrPC?

Dying declarations are recorded by a magistrate or a doctor and may be admissible as evidence in cases where the declarant is deceased. The CrPC outlines the conditions for admissibility and reliability of such statements.

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Q.68 When did the Code of Criminal Procedure 1973 came into force?

1st June 1973

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Q.69 How does the CrPC address issues related to the rights of accused individuals who are minors during trials?

The CrPC includes provisions for the protection of the rights of minor accused individuals, including their right to legal representation, juvenile homes, and special procedures for trials involving minors.

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Q.70 When can a police officer may arrest any person without warrant?

Who has been concerned in any cognizable offence

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Q.71 What is the procedure for the examination and recording of the statement of a child witness in a criminal trial under the CrPC?

Child witnesses are examined gently and with sensitivity. The CrPC allows for their statements to be recorded in a child-friendly manner and provides for safeguards to protect their rights during trial.

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Q.72 Which section under the CrPC, 1973 mentions the forms of summons?

Section 61 of CrPC, 1973 mentions the forms of summons.

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Q.73 How does the CrPC address issues related to the rights of accused individuals from marginalized or vulnerable communities?

The CrPC includes provisions to protect the rights of accused individuals from marginalized or vulnerable communities, ensuring they have access to legal representation and safeguards against discrimination.

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Q.74 Which section of CrPC, 1973 lists the powers of superior police officers?

Section 36 of CrPC, 1973 list the powers of superior police officers

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Q.75 What is the procedure for the examination and cross-examination of expert witnesses in a criminal trial under the CrPC?

Expert witnesses are examined on their qualifications and expertise and may be cross-examined to test their opinions and conclusions. The CrPC ensures a fair process for the examination of expert witnesses.

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Q.76 What is the maximum duration for which a person can be kept in police custody without warrant?

1 day

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Q.77 How does the CrPC address issues related to the rights of accused individuals with mental illnesses during trials?

The CrPC includes provisions to protect the rights of accused individuals with mental illnesses, including assessments of their mental fitness and the provision of necessary accommodations and support during trials.

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Q.78 What is the procedure for conducting trials involving accused individuals who are of unsound mind under the CrPC?

Trials involving accused individuals of unsound mind may be postponed, and inquiries into their mental condition may be conducted. The CrPC provides for the protection and treatment of such individuals.

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Q.79 How does the CrPC address issues related to the rights of accused individuals who are senior citizens during trials?

The CrPC includes provisions to protect the rights of senior citizen accused individuals, ensuring they have access to legal representation, health care, and special accommodations during trials.

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Q.80 What is the procedure for the examination and recording of the statement of a victim or witness with a speech or hearing impairment in a criminal trial under the CrPC?

Victims or witnesses with speech or hearing impairments may have their statements recorded through interpreters or sign language experts. The CrPC ensures accessibility and fairness in such cases.

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Q.81 How does the CrPC address issues related to the rights of accused individuals who require language assistance during trials?

The CrPC allows for language assistance, such as interpreters or translators, to ensure that accused individuals who do not understand the language of the court can effectively participate in proceedings.

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Q.82 What is the procedure for conducting trials involving accused individuals who are foreign nationals and do not understand the local language under the CrPC?

Trials involving foreign nationals who do not understand the local language may require interpreters to assist them in understanding and participating in the proceedings. The CrPC provides for this.

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Q.83 How does the CrPC address issues related to the rights of accused individuals who are survivors of sexual offenses during trials?

The CrPC includes provisions to protect the rights and privacy of survivors of sexual offenses, including closed-door hearings, the use of pseudonyms, and safeguards to prevent disclosure of identity.

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Q.84 What is the procedure for conducting trials involving accused individuals who are transgender or gender-diverse under the CrPC?

Trials involving transgender or gender-diverse individuals should be conducted with sensitivity and respect for their gender identity. The CrPC ensures protection against discrimination and harassment in such cases.

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Q.85 How does the CrPC address issues related to the rights of accused individuals who belong to indigenous or tribal communities during trials?

The CrPC includes provisions to protect the rights of accused individuals from indigenous or tribal communities, ensuring fair treatment, representation, and safeguards against discrimination.

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Q.86 What is the procedure for the examination and recording of the statement of a victim or witness who communicates through sign language in a criminal trial under the CrPC?

Victims or witnesses who communicate through sign language may have their statements recorded with the assistance of sign language interpreters. The CrPC ensures accessibility for such individuals.

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Q.87 How does the CrPC address issues related to the rights of accused individuals who are refugees or asylum seekers during trials?

The CrPC includes provisions to protect the rights of accused individuals who are refugees or asylum seekers, ensuring fair treatment and access to legal representation, regardless of their immigration status.

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Q.88 What is the procedure for conducting trials involving accused individuals who are in custody and unable to attend court proceedings under the CrPC?

Trials involving accused individuals in custody may proceed with their participation through video conferencing or other means as directed by the court. The CrPC allows for such arrangements.

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Q.89 How does the CrPC address issues related to the rights of accused individuals who are members of minority religious communities during trials?

The CrPC includes provisions to protect the rights of accused individuals who are members of minority religious communities, ensuring fair treatment and safeguards against discrimination and prejudice.

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Q.90 What is the procedure for the examination and recording of the statement of a victim or witness who requires special accommodations due to physical disabilities in a criminal trial under the CrPC?

Victims or witnesses with physical disabilities may have their statements recorded with necessary accommodations, such as accessible facilities or assistive devices. The CrPC ensures accessibility in such cases.

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